1 COUNCILMEMBERS
Laura M. Hoffmeister, Mayor
Edi E. Birsan, Vice Mayor
Dominic D. Aliano
Laura M. Nakamura
Carlyn S. Obringer
Civic Center
1950 Parkside Drive
Concord, CA 94519
www.cityofconcord.org
Regular Meeting of the
Concord City Council/City
Council Sitting as the
Concord-Pleasant Hill
Health Care District
Tuesday,
November 28, 2023
6:30 p.m. - Open Session Council Chamber
1950 Parkside Drive
and/or Various
telephonic/electronic
locations
*IMPORTANT NOTICE ABOUT PUBLIC COMMENTS AND MEETING PARTICIPATION* Members of the public are invited to attend and participate at: Council Chamber, 1950 Parkside Drive, Concord, CA.
Please note the following change to the City’s public comment procedures: Unless a Councilmember is participating in the meeting remotely pursuant to AB 2449, remote public comment will not be accepted. Public comment may be provided in-person or via email, as set forth below. Members of the public desiring to provide comments as a part of the meeting are encouraged to either submit written comments by 3:00 p.m. prior to the meeting or to attend the meeting in person.
HOW TO PARTICIPATE
The public is invited to participate in the City Council meeting using any of the following methods:
1. IN PERSON:
a.Members of the public can provide in-person comments in the Council Chamber.
Members of the public are encouraged, but not required, to fill out a speaker card. The Council Chamber will have seating available for members of the public to attend in person up to full seating capacity.
2 2. REMOTE: Remote public comment will not be accepted, except when a Councilmember participates remotely pursuant to AB 2449. At the time of the posting of this agenda, none of the Councilmembers have notified the City Clerk’s Office that they intend to participate remotely pursuant to AB 2449, and therefore no remote public comment will be accepted at the meeting. If, after publication of this agenda and before the meeting begins, any councilmember determines that they will need to participate remotely due to just cause or emergency circumstances under AB 2449, their remote participation will be announced at the outset of the meeting in connection with the Roll Call item. If a Councilmember participates in the meeting remotely pursuant to AB 2449, the public may participate and provide public comment remotely, as follows:
a. Zoom:
https://cityofconcord.zoom.us/j/89642691923?pwd=UvS885110MAnBTe9tZ2M4hm7S4N _Cg.IE9cx_GwTu-5qa-P or Zoom Webinar ID: 896 4269 1923 and Passcode: 098986 b.Zoom Phone Numbers. Dial Toll Free: (669) 900-6833 or (346) 348-7799 or (253) 215- 8782.
c.During the meeting, each period for public comment will be announced, and participants may use the “Raise Hand” feature on Zoom to request to speak. If calling in via Zoom use *9 to raise and lower your hand. The meeting host will call on you, by name, and promote you to panelist in the webinar so you can be seen via your camera. Please enable your microphone when it is your turn to speak. In order to ensure the orderly administration of the meeting using this method, providing your name is encouraged, but is not required. (If you need instructions on how to use this feature, please contact the City Clerk by 3:00 p.m. of the meeting date at [email protected]).
3. EMAIL:
a.Public comments can also be submitted via email to [email protected]. Please note that emailed comments will not be read aloud by staff. Any public comments received up until 3:00 p.m. of the meeting date will be:
1. distributed to the Council before the meeting,
2. posted online for public inspection at
https://stream.ci.concord.ca.us/OnBaseAgendaOnline/Meetings/Search, and
3. inserted into the meeting record.
b.As emails containing public meeting comments are part of the official record, note that personal contact information may be published if it is included with your email.
4. TO WATCH OR LISTEN ONLY:
a.Watch on TV on Comcast Channel 28, Astound/Wave Channel 1026, and AT&T U-verse Channel 99
b.Watch the TV broadcast through the City’s website by following THIS LINK c.Watch Live Streaming of the meeting by following THIS LINK d.Join the Zoom webinar by following THIS LINK
3 OPEN SESSION
1. OPENING
Roll Call – Announcements/Consideration and Approval of Requests by Councilmembers to Participate Remotely Pursuant to AB 2449 Pledge of Allegiance – Councilmember Obringer
2. PUBLIC COMMENT PERIOD
This is a 15-minute Public Comment Period for items within the City Council’s subject matter jurisdiction that are not on this agenda. Each speaker will be limited to approximately three minutes.
State law prohibits the City Council from acting at this meeting on any matter raised during the Public Comment Period. Please see “How to Participate” above.
3. PRESENTATIONS
a. Presentation – of Business Recognition Awards to United Rentals, King's Donuts, and Negocios Hispanos de Concord Committee. Overview of program and introduction of recipients by Melissa Rea, Economic Development Specialist. Presentations by Kevin Cabral, President/CEO, Greater Concord Chamber of Commerce. Introduction by Mayor Hoffmeister.
b. Presentation – an update on the Concord Rapid Rehousing Program by Leng Power, Community Services Manager. Introduction by Mayor Hoffmeister.
4. CITY COUNCIL CONSENT CALENDAR
The public is entitled to address the City Council on items appearing on the Consent Calendar before or during the City Council’s consideration of the Consent Calendar. Adoption of the Consent Calendar may be made by one motion of the City Council, provided that any Councilmember, individual or organization may request removal of an item from the Consent Calendar for separate consideration.
If a request for removal of an item from the Consent Calendar has been received, the Mayor may defer action on the particular item and place the same on the regular agenda for consideration in any order s/he deems appropriate. Please see “How to Participate” above. a. Considering – approval of the minutes from the November 14, 2023, meeting. Recommended by the City Clerk.
b. Considering – reappointment of Perry Carlston as Concord's Representative to the Contra Costa Mosquito and Vector Control District Board of Trustees.
Recommended by Mayor Hoffmeister.
c. Considering – approval of an amendment to a Professional Services Agreement increasing the total contract amount by $34,400 (for a new total of $210,871) with MIG, Inc. to address additional work that was necessary to 4 complete the Objective Design Standards project, and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney. (LEAP, REAP, and SB 2 grant funds and General Fund) Recommended by the Director of Community Development.
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c)(2), 15061(b)(3), 15060(c)(3), and/or 15378.
d. Considering – approval of a Task Order with Nichols Consulting Engineers (NCE) in the not-to-exceed amount of $216,500 to provide design engineering and related services for the Civic Center Greening Project (Project No. 2518) located at the City’s Civic Center campus, and authorizing the City Manager to execute the agreement in a form acceptable to the City Attorney. Recommended by the Director of Community Development.
CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(3), 15378, 15301, 15302, 15303, 15304, and/or Public Resources Code Section 21065.
5. CITY COUNCIL/CITY COUNCIL SITTING AS THE CONCORD-PLEASANT HILL
HEALTH CARE DISTRICT (CPHHCD) CONSIDERATION ITEM
The public is entitled to address the City Council/CPHHCD on items appearing on the agenda before or during the City Council’s/CPHHCD’s consideration of that item. Each speaker will be limited to approximately three minutes. Please see “How to Participate” above. a. Considering – (1) either appointing Councilmember Nakamura or opening a recruitment to appoint a member of the public as a City of Concord representative to the John Muir Community Health Fund for a term ending December 31, 2026, and (2) opening a recruitment to appoint a member of the public as a City of Concord representative to fill the remainder of a term to the John Muir Community Health Fund Board ending December 31, 2025, due to an unscheduled vacancy created by the resignation of Niko Anagnostopoulos. Report by Joelle Fockler, City Clerk.
6. CORRESPONDENCE
Correspondence received at the City Council meeting will be listed here on the Annotated Agenda.
7. REPORTS AND ANNOUNCEMENTS
Closed Session Announcements
City Manager or Staff Reports
Council Reports
5 8. ADJOURNMENT
Next Meeting: Regular Meeting
Date: 12/5/2023 6:30 p.m. – Open Session
NOTICE TO THE PUBLIC
There is a 90-day limit for the filing of a challenge in the Superior Court to certain City administrative decisions and orders which require a hearing by law, the receipt of evidence, and the exercise of discretion. The 90-day limit begins on the date the decision is final (Code of Civil Procedure §1094.6). Further, if you challenge an action taken by the City Council in court, you may be limited by California law to raising only those issues you or someone else raised in the hearing or in a written correspondence delivered to the City Council prior to or at the hearing.
In accordance with the Americans with Disabilities Act and California Law, it is the policy of the City of Concord to offer its public programs, services and meetings in a manner that is readily accessible to everyone, including those with disabilities. If you are disabled and require a copy of a public hearing notice, or an agenda and/or agenda packet in an appropriate alternative format; or if you require other accommodation, please contact the ADA Coordinator Tianjun Cao at (925) 671-3243 or [email protected], at least 24 hours in advance of the meeting. Advance notification within this guideline will enable the City to make reasonable arrangements to ensure accessibility.
Rapid Rehousing Concord
Update
LENG POWER, COMMUNITY SERVICES MANAGER
NOVEMBER 28 TH , 2023
1 3.b
Rapid
Rehousing
Concord
Background/
Timeline
2 July 2022
Rapid Rehousing Concord
Program launches with
Hope Solutions as
operator
August 2022
September 2022
November 2023 Program Update to
Concord City Council
Rapid Rehousing
Concord begins
enrolling participants
City staff convenes
partners to design
program framework
Rapid Rehousing
Rapid re-housing is considered a best practice intervention designed to help individuals and families to quickly exit homelessness, return to housing in the community, and not become homeless again in the near term.
- National Alliance to End Homelessness
3
Rapid Rehousing
Components
•Housing Identification
•Flexible Financial Assistance
•Effective Case Management
4
Rapid Rehousing Goals
•Rapid Exit out of Homelessness
•Increase Household Stability
•Reduce Recidivism
5
RRC Assessment and Enrollment Process
6 Referrals
Received By
CORE
Reviewed by
Hope
Solutions
Participants
Enrolled in
RRC
Program
Services and
Activity Flow
7 Program
Exit
Client Case Stabilized
Develop Transition Plan
Housing
Assessment of Unit and Subsidy
Amount
Update Housing Stability Plan
Pre-
Housing
Case Management
Housing Navigation
Financial Information
8 $266,575
$117,341
$4,146 $15,000
Direct Financial Assistance Personnel/Support Operating Costs Administration • Year One Budget -
$403,062
• Projected to Assist
8-12 Households
• Funding Source-
Permanent Local
Housing Allocation
PLHA
2022/23 Annual Performance Data
•13 households served/12
households secured
permanent housing
•9 households increased their
income. 3 households
sustain income levels.
•6 households successfully
exited and remaining 6 on
track to successfully exit
•Quality of Life Assessment
• 80% indicate better overall
mental health
• 80% indicate better overall
physical health
• 80% report feeling safe in their
housing
9
Rapid Rehousing Concord FY 23/24
•Serve 10-15 households
•Strengthen landlord
engagement activities
•Continue connecting
households to support
networks and resources
10
11 Rapid Rehousing
Concord Partners
•Hope Solutions
•Coordinated Outreach Referral
Engagement (CORE)
12 Thank you
REGULAR MEETING OF THE
CONCORD CITY COUNCIL/CITY COUNCIL
SITTING AS THE LOCAL REUSE AUTHORITY
CITY COUNCIL CHAMBER
1950 PARKSIDE DRIVE
CONCORD, CALIFORNIA AND VARIOUS
TELEPHONIC/ELECTRONIC LOCATIONS
TUESDAY, NOVEMBER 14, 2023
The Concord City Council met in a regular meeting in the Council Chamber, located at 1950 Parkside Drive and via various telephonic/electronic locations at 6:30 p.m. on Tuesday, November 14, 2023, with Mayor Hoffmeister presiding. The pledge of allegiance was led by Councilmember Nakamura.
Minutes follow in abbreviated form per Resolution 3361 and Council Minutes of September 26, 1966.
ROLL CALL
COUNCILMEMBERS PRESENT: Dominic Aliano, Edi Birsan, Laura Nakamura, Carlyn Obringer, Laura Hoffmeister
STAFF PRESENT: Valerie Barone, City Manager; Susanne Brown, City Attorney; Justin Ezell, Assistant City Manager; Joelle Fockler, City Clerk; Greg Taylor, Director of Information Technology; Mark Bustillos, Chief of Police, James Nakayama, Police Captain; Guy Bjerke, Director of Economic Development and Base Reuse; Will
Tarbox, Director of Public Works; Ken Yee, Facilities
Maintenance Manager; Joan Ryan, Reuse Area Planner
MEMBERS OF THE PUBLIC
WHO ADDRESSED THE COUNCIL: Wayne Calhoon, Concord; Pete Bennett; Hope Johnson, Concord; Mark Orcutt, East Bay Leadership Council; Janice Davidson, Concord; Anonymous
PUBLIC COMMENT PERIOD
Wayne Calhoon, Concord, spoke of his loan from Habitat for Humanity and requested assistance in getting the work done.
Pete Bennett spoke of his personal losses.
Hope Johnson, Concord, spoke in opposition to the Council’s decision made on October 24, 2023, on the Buttonwood Subdivision.
PRESENTATIONS
PROCLAMATION – Transgender Day of Remembrance
Mayor Hoffmeister presented Cristina Zaldana, Rainbow Community Center, a proclamation declaring November 14, 2023, as “Transgender Day of Remembrance“ in the City of Concord.
Mayor Hoffmeister opened a public comment period, and upon receiving no public comment, closed the public comment period.
4.a
City Council Minutes November 14, 2023
2 PROCLAMATION – Small Business Saturday
Mayor Hoffmeister presented Kevin Cabral, President/CEO of the Greater Concord Chamber of Commerce, and Jenniffer Jimenez, Owner of La Fritanguera, a proclamation declaring November 25, 2023, as “Small Business Saturday” in the City of Concord.
Mayor Hoffmeister opened a public comment period, and upon receiving no public comment, closed the public comment period.
CITY COUNCIL CONSENT CALENDAR
Mayor Hoffmeister opened a public comment period, and upon receiving no public comment, closed the public comment period.
APPROVAL OF A MAINTENANCE SERVICES AGREEMENT – Professional Powerwashing and Maintenance, Inc. (PPWPM, Inc.)
A motion was made by Aliano and seconded by Birsan to approve a maintenance services agreement with Professional Powerwashing and Maintenance, Inc. (PPWPM, Inc.) in the not-to-exceed amount of $59,423.70 for one-time power washing of the City-owned parking garage at 2255 Salvio Street (Project # 2685 Cleanliness of Downtown Garages); and authorize the City Manager to execute an agreement in a form acceptable to the City Attorney. The motion passed by unanimous vote of the Council.
CITY COUNCIL/CITY COUNCIL SITTING AS THE LOCAL REUSE AUTHORITY (LRA)
CONSIDERATION ITEM
Study Session on BCUS Acquisitions LLC’s (Brookfield’s) Conceptual Land Use Plan for the Development of the Former Concord Naval Weapons Station and Draft Outreach Program for Public Engagement during the Future Specific Plan Process
Director of Economic Development and Base Reuse Guy Bjerke presented an overview of the study session and introduced Brookfield staff, including: Josh Roden, President, Northern California, Brookfield Properties; Emily Boyd, Director of Land Acquisitions, Brookfield Properties; Devin Hassett, Vice President, Keadjian; and Barry Long, President & CEO, Urban Design Associates; who explained community outreach and progress to date, engagement and input during the Specific Plan process, and preliminary project phasing and land use.
Following questions by the City Council, Mayor Hoffmeister opened a public comment period.
Mark Orcutt, East Bay Leadership Council, spoke of the relationship that is being built between the East Bay Leadership Council and Brookfield and offered the East Bay Leadership Council’s assistance and support throughout the project.
Janice Davidson, Concord, suggested adding wildlife corridors and requested amenities and services for the unhoused population.
Pete Bennett stated that his story connects to all of the companies involved in the Naval Weapons Station project.
Hope Johnson, Concord, spoke of potential taxes associated with community benefit districts.
Anonymous stated that the presenters should use a laser pointer and spoke of the need for green space in District 2.
Mayor Hoffmeister closed the public comment period.
City Council Minutes November 14, 2023
3 The Council provided staff and Brookfield feedback and direction including:
Information on Community Benefit Districts
Green Space
Grading Plan
Incorporating BART property into the Design
The Council offered to be liaisons to the community regarding outreach.
CORRESPONDENCE
a. Agenda Item No. 5.a – Concord Naval Weapons Station – Term Sheet Study Session Staff PowerPoint
b. Agenda Item No. 5.a – Concord Naval Weapons Station – Brookfield Properties PowerPoint
COUNCIL REPORTS
Councilmembers shared information on events and activities in which they had participated since the last meeting and commented on items of interest.
ADJOURNMENT
By order of the Mayor, the meeting was adjourned on November 14, 2023, at 9:00 p.m.
LAURA M. HOFFMEISTER
MAYOR
JOELLE FOCKLER, MMC
CITY CLERK
Staff Report
Date: November 28, 2023
To: City Council
From: Laura M. Hoffmeister, Mayor
Reviewed by: Joelle Fockler, MMC, City Clerk
Prepared by: Stefanie Ananthan, Deputy City Clerk
[email protected]
(925) 671-3085
Subject: Considering reappointment of Perry Carlston as Concord's Representative to the Contra Costa Mosquito and Vector
Control District Board of Trustees.
Report in Brief
Consideration of reappointment of Perry Carlston as Concord’s Representative to the Contra Costa Mosquito and Vector Control District Board of Trustees.
Recommended Action
Reappoint Perry Carlston as Concord’s Representative to the Contra Costa Mosquito and Vector Control District Board of Trustees for a four-year term ending December 31, 2027.
Background
In February 2013, Perry Carlston was appointed to serve as the City’s representative to the Contra Costa Mosquito and Vector Control District Board of Trustees. He was reappointed to a four-year term in December 2015 and again in December 2019, and that term expires December 31, 2023. Mr. Carlston previously served as Vice President of the Board in 2019 and again in 2022, and as President of the Board in 2020.
Policy and Procedure No. 2, Section 4.53(a) allows the Mayor to propose appointments to regional bodies, subject to confirmation by a majority of the City Council. Mr. Carlston is in good standing as a Trustee to the Mosquito and Vector Control District and wishes to continue to serve.
4.b4.b
City Council Agenda Report
Agenda Item No. 4.b
November 28, 2023
The Board of Trustees are officials appointed by their respective city councils to govern the Mosquito and Vector Control District knowledgeably and effectively. They serve without compensation for a term of two to four years and are highly dedicated to this community service. The regular business meetings are held on the second Monday of every other month starting in January. Meetings are held at the District Office, 155 Mason Circle, Concord, at 7pm, and are open to the public.
Public Contact
The City Council Agenda was posted.
Attachment
1. Letter from Contra Costa Mosquito and Vector Control
155 Mason Circle
Concord, CA 94520
phone (925) 685-9301
fax (925) 685-0266
www.contracostamosquito.com
Protecting Public Health Since 1927
BOARD OF TRUSTEES
President DARRYL YOUNG Contra Costa County • Vice President PETER PAY San Ramon • Secretary DANIEL PELLEGRINI Martinez Antioch WADE FINLINSON • Brentwood Vacant • Clayton Vacant • Concord PERRY CARLSTON • Contra Costa County JIM PINCKNEY & CHRIS COWEN Danville RANDALL DIAMOND • El Cerrito JIM DOLGONAS • Hercules DAMIAN WONG • Lafayette Vacant • Moraga JAMES FRANKENFIELD • Oakley MICHAEL KRIEG Orinda KEVIN MARKER • Pinole WARREN CLAYTON • Pittsburg RICHARD AINSLEY, PhD • Pleasant Hill JENNIFER HOGAN • Richmond CHRIS DUPIN • San Pablo Vacant • Walnut Creek Vacant Oct
ober 12, 2023
Cit
y of Concord
1950 Parkside Drive
Concord, CA 94519
Attn:
Joelle Fockler, City Clerk
SUBJ
ECT: REQUEST FOR TRUSTEE REAPPOINTMENT
Dear M
s. Fockler:
This
letter is to inform you that the term for Trustee Perry Carlston will expire on December 31, 2023.
Trus
tees can be appointed for a two or four year term. They serve without compensation, but are allowed limited expenses for actual travel in connection with meetings or business of the Board (see enclosed position description). The Board of Trustees meet the second Monday evening of every other month. Trustees also serve on committees which regularly meet between board meetings. All meetings are held at the District office, 155 Mason Circle, Concord, California.
Please note each member of the Board appointed from a governing body of a city shall be an elector of the city from which he/she is appointed, and a resident of the city which is in the District (California Health & Safety Code, Section 2242).
Ple
ase notify our office in writing when an appointment or re-appointment has been made.
Sin
cerely,
Chr
istine Widger
Customer Service Specialist
Attachment 1
155 Mason Circle
Concord, CA 94520
phone (925) 685-9301
fax (925) 685-0266
www.contracostamosquito.com
BOARD OF TRUSTEES
TERM
: First term: Two years
Additional terms: Two or four years
IN
LIEU OF EXPENSES: $100.00 per month is paid to each Trustee, only if they attend a meeting, regardless of the number of meetings
attended. Exception: Board President and Secretary receive monthly compensation, regardless of attending meetings.
QUAL
IFICATIONS: Must be a Contra Costa County resident and at least the voting age of 18 with an interest in any of the following areas: public health, public policy, wetlands, farming, community education, finance, personnel or land
development, and a resident of the city which is in the District (California Health & Safety Code, Section 2242) DUTI
ES: Board of Trustees meet the second Monday evening of every other month. Committees meet approximately twice a year or as needed.
HO
W TO APPLY: Contact your city clerk for an application for openings within your city. For positions with the county at large or those in unincorporated areas, contact the county clerk of the Board of Supervisors.
Con
tra Costa Mosquito & Vector Control District is a tax funded special district of Contra Costa County responsible for the county wide control of mosquitoes, rats, skunks, and ground nesting yellowjackets.
Staff Report
Date: November 28, 2023
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Mindy Gentry, Planning Manager
Prepared by: Joan Ryan, Principal Planner
[email protected]
(925) 671-3370
Subject: Considering approval of an amendment to a Professional Services Agreement increasing the total contract amount by $34,400 (for a new total of $210,871) with MIG, Inc. to address additional work that was necessary to complete the Objective Design Standards project, and authorizing the City Manager to execute the agreement in a form acceptable to the City
Attorney. (LEAP, REAP, and SB 2 grant funds and General Fund)
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c)(2), 15061(b)(3), 15060(c)(3), and/or 15378.
Report in Brief
Due to several state laws enacted with the intent to stimulate housing production by streamlining permit processes, in February 2022, the City of Concord (City) initiated the Objective Design Standards (ODS) project to develop codified objective development standards to ensure high quality design for the City’s housing projects. The project was supported by the City Council (Council) when it was identified as a Tier 1 goal in April 2022 and indirectly again in spring of 2023, when Council directed the implementation of Housing Element programs as one of their four fiscal year 2023/24 Tier 1 priorities at the Council’s goal setting workshop. The ODS Development Code amendment and companion documents were adopted by the City Council at their September 12, 2023 meeting and became effective on October 12, 2023.
4.c4.c4.c
City Council Agenda Report
Agenda Item No. 4.c
November 28, 2023
In 2021, the City received $500,000 in state Local Early Action Planning (LEAP) grant funds, $115,000 of which was allocated to the ODS project. The City also received $131,061 in Regional Early Action Planning (REAP) grant funding, $46,061 of which was allocated toward the ODS project, and the City was able to reallocate $62,127 in Senate Bill (SB) 21 funds toward consultant and staff time for the preparation of the ODS document, Development Code Amendments, guidance documents, and public outreach materials.
Given the importance of developing Objective Design Standards that reflect the City’s design values, the Council spent considerably more time on the project requiring more support and work from the consulting team and staff than originally expected in the scope of work. The requested amendment to the agreement will allow the consulting team to receive compensation for the additional work performed to complete this project.
Recommended Action
Approve an amendment to the Professional Services Agreement increasing the total contract amount by $34,400 (for a new total of $210,871) with MIG, Inc. to address additional work that was necessary to complete the Objective Design Standards project; and authorize the City Manager to execute the Agreement in a form acceptable to the City Attorney; and make the CEQA determinations as provided in this staff report.
Background
On December 14, 2021, the Council approved a Professional Services Agreement with MIG, Inc. (MIG) in the amount of $138,211 to prepare the City’s Objective Design Standards. On December 20, 2022, as allowed within the agreement, the term of the agreement was amended to extend the expiration date to January 3, 2024 (First Amendment). On January 10, 2023, with Council authorization, the agreement was amended to add $38,260 (Second Amendment) to the contract, increasing the total contract amount for the consultant to $176,471 for MIG. The additional funds added in the Second Amendment were needed to coordinate and update the City’s ODS document with an additional section to respond specifically to SB 9 that included coordination with the Design Review Board for that section, since SB 9 was not in effect at the time of the original drafting of the scope. Funds were also utilized for coordination and management of the project related to the extended anticipated timeline for completion of the project (from December 2022 to June 2023).
Analysis
On September 7, 2023, an amendment request from MIG was received by staff in the amount of $34,400. This amendment was to account for the addition of six (6) additional meetings (four (4) ad-hoc committee meetings, one (1) Design Review Board (DRB) 1 The pre-approved Accessory Dwelling Unit program came in under budget allowing reallocation of grant funds to the ODS project and the update to the Affordable Housing Ordinance.
City Council Agenda Report
Agenda Item No. 4.c
November 28, 2023
meeting, and one (1) Planning Commission meeting, and the preparation of additional versions of the draft documents), and coordination work with City staff related to the extended timeline to September 2023. The scope also included the work performed to fully respond to the comments from the DRB, Planning Commission, and the Council ad-hoc committee. More detail on the added scope of work is outlined in Exhibit A to Attachment 1 to this staff report.
Final grant documentation was submitted to the Association of Bay Area Governments (ABAG) and California Department of Housing and Community Development on September 29, 2023 for final consultant invoices. Grant funding covered 91 percent of the total project costs.
A final summary is shown in the tables below, along with how the costs were attributed to the various grant funding available:
Table 1 - Project Costs
Description Project
Costs
Initial MIG contract $138,211
Amended MIG contract (Second
amendment)
$38,260
Requested amount/cost for additional
work (Third amendment)
$34,400
Total Consultant cost $210,871
Staff cost billed to project2 $21,332
TOTAL PROJECT COSTS $232,203
Table 2 - Funding Sources
Funding Source Amount Allocated
LEAP Grant $115,000
REAP Grant $46,061
SB 2 Grant $62,127
Total Grant Funds $223,188
General Fund $9,015
TOTAL FUNDS $232,203
Due to the pace of the project necessary to ensure completion by the deadline for the three grants on September 30, 2023, and the desire to respond to the Planning Commission and ad-hoc committee comments, the consultant’s primary focus was on providing the deliverables to the City in a timely manner. The secondary focus was on 2 Not all staff time was billed due to a decision to prioritize the use of grant funds toward consultant costs.
City Council Agenda Report
Agenda Item No. 4.c
November 28, 2023
budget and a request for the additional scope of work. Towards this end, MIG provided a proposed contract amendment to staff on September 7, once the project deliverables were provided for the September 12 Council meeting.
Total budget request for the contract amendment: $34,400. This change increases the prior budget of $176,471 by $34,400 to a total of $210,871.
Financial Impact
The additional amended budget amount of $34,400 has been billed toward the SB 2 grant ($26,470) and the remainder ($7,930) would be funded via the General Fund, through the Planning Division’s adopted budget. The total amount of the project funded through the City’s General Fund was $9,015 (as shown on prior page). This is less than the amount ($25,411) previously indicated to Council in January, due to additional SB 2 funds being made available for the project from other City planning projects.
Environmental Determination
Pursuant to California Environmental Quality Act of 1970, Public Resources Code §21000, et seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively, “CEQA”), entering into an Amendment to a Professional Services Agreement with MIG does not constitute a “project” within the meaning of Public Resources Code Section 21065, 14 Cal Code Reg. Section 15060(c)(2), 15060(c)(3), or 15378 because there is no potential that it will result in a direct or reasonably foreseeable indirect physical change in the environment.
Moreover, even if the recommended action did constitute a project under CEQA, it would fall within the “common sense exemption”, Section 15061(b)(3), where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment…” No unusual circumstances exist. Accordingly, no further environmental review is required. This determination reflects the City’s independent judgment and analysis.
Furthermore, individual projects occurring from the implementation of the Objective Design Standards will be evaluated for CEQA compliance on a case-by-case basis.
Public Contact
The City Council Agenda was posted.
Attachment
1. Amendment to PSA with MIG, Inc., dated Sept. 7, 2023 Exhibit A: Scope of Services and Budget
THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
1 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 This Third Amendment to Professional Services Agreement (“Third Amendment”) is entered into on this date, November 7, 2023, and amends the Professional Services Agreement, Agreement No. CCA - 5922, between the City of Concord (“CITY”) and MIG, Inc. (“CONSULTANT”).
WHEREAS, the CITY and CONSULTANT entered into a Professional Services Agreement, Agreement No. CCA – 5922, dated January 3, 2022 (the “Agreement”), in the amount of $138,211 wherein CONSULTANT agreed to provide certain services related to preparing the City’s Objective Design Standards.
WHEREAS, under Section 1 “TERM” the Agreement provides that the Agreement shall expire on January 3, 2023; however on December 20, 2022, a First Amendment to the Agreement was approved extending the expiration date to January 3, 2024. A Second Amendment to the Agreement was approved on January 10, 2023 increasing the budget of $138,211 by $38,260 to a total of $176,471.
WHEREAS, under Section 5 “AMENDMENT TO AGREEMENT” the Agreement provides that Agreement may be amended by the parties subject to consent and in accordance with the CITY’S Municipal Code.
WHEREAS, the parties mutually desire to amend the Agreement to increase the budget.
NOW THEREFORE, in consideration of the promises and conditions set forth in the Agreement, the parties mutually desire to amend the Agreement as follows:
1. Section 3 “PAYMENT” is hereby amended to increase the budgeted amount of the contract by $34,400 to $210,871 and read as follows: However, in no event shall the amount CITY pays CONSULTANT exceed Two Hundred Ten Thousand, Eight Hundred Seventy One dollars ($210,871) for the term of this Agreement. This Agreement shall commence on January 3, 2022 and expire on January 3, 2024.
2. Except as expressly amended herein, all other terms and conditions of the Professional Services Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Third Amendment on the date indicated above.
Signatures on the following page.
Attachment 1
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28 Dated: ______________ Consultant
BY: ________________________
Mukul Mulhotra, Principal
MIG, Inc.
[email protected]
Dated: ________________ CITY OF CONCORD
By:______________________________
Valerie J. Barone
City Manager
APPROVED AS TO FORM: ATTEST:
____________________________ ____________________________________ Susanne Brown Joelle Fockler, MMC
City Attorney City Clerk
FINANCE DIRECTOR'S CERTIFICATION:
Concord, California
Date: ________________
I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 2023/24 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.
THE SUM OF $34,400. Account Code 10082001Z01-63500-500.
Finance Director's Signature
1 Septem
ber 7, 2023
Ms. Jo
an Ryan, AICP
Community Reuse Area Planner
City of Concord Community Development Department
1950 Parkside Drive
Concord, CA 94519
Via email:
[email protected]
Re: Co
ntract Amendment for Additional Services for the City of Concord Request for Proposal (RFP) #2463 Objective Design Standards (ODS)
Dear Jo
an,
Thank you for moving the objective design standards document so expertly through the various boards, commissions, and councils. Getting there did take some extra effort on our part, so this letter is in response to the requested additional services we undertook as we advanced through the process. Completing the work has allowed for additional rounds of review and the ability to refine the document to better reflect the City of Concord’s priorities.
The additional services include multiple schedule revisions, participation in additional meetings, and additional revisions to the admin and public drafts. These additional services total $34,400 and are captured in the attached scope and fee document that describe additional work undertaken for the following tasks:
• Task A: Project Management and Coordination
• Task D: Development and Preparation of Draft Objective Design Standards • Task E: Preparation of Final Objective Design Standards The objective design standards are in a web ready PDF format ready for posting and code sections have been identified, cross referenced, are indicated in the document.
We look forward to building upon the progress we have already made together with the City of Concord, the development and design community, the Design Review Board, and civic leaders. Thank you for this opportunity to assist you all in continuing to maintain and e nhance Concord’s existing tradition of high-quality design -- we look forward to the final phases of work and continuing our collaboration! Sincerely,
Mukul Malhotra, AICP
Principal | Director of Urban Design
MIG, Inc.
Exhibit A
2 I. Scope of Work
The following is MIG’s Scope of Work of additional tasks performed:
Task A: Project Management and Coordination
Sub-task A.3: Additional On-going Meetings and Project Management MIG provided additional bi-weekly coordination calls to support the schedule changes necessary for additional revisions as part of the Ad Hoc Committee process. Originally anticipated to take place in June 202 2, review was extended, and hearings were rescheduled for July-September 2023.
Task D: Development and Preparation of Draft Objective Design Standards
Sub-task D.5: City Council Ad Hoc Committee Meeting(s)
MIG attended remotely (via Zoom) three additional Ad Hoc Committee meetings. The Ad Hoc Committee formed after the City Council’s study session and was composed of members of the City Council interested in reviewing the administrative draft language in detail. MIG reviewed preparation materials as well as provided recommendations for specific topics. In addition, we provided clarification regarding structuring the objective standards language and common design standard approaches.
Task D Deliverables:
» Attended and suggested revisions
» Additional presentation materials related to specific topics for consideration identified by the City of Concord Staff and City Council Ad Hoc committee members (PPT/PDF)
Task E: Preparation of Final Objective Design Standards
Subtask E.4: Additional Design Review Board (DRB) Meeting MIG prepared materials for a meeting with the Design Review Board to review the graphics in advance of the Public Draft and integrate comments, as possible, in advance of the Planning Commission Hearing.
Task E.4 Deliverable:
» Additional revision Base Graphics. (PPT updates)
Subtask E.5: Additional Public Draft Revisions
Based on comments from the Planning Commission, MIG sought clarification and revised the document so that the Public Draft responds to all staff, DRB and Planning Commission members’ comments. In addition, we made further rounds of updates based on Ad Hoc Committee comments. Each of these revisions were completed in advance of the City Council Hearing.
Task E.6 Deliverable:
» Additional revision to Admin and Public Draft materials. (PPT updates) » Additional revision to Admin and Public Draft materials. (Photo Selection/Base Graphic Updates) » Additional revision to Public Draft materials. (Word) » Additional revision to Public Draft materials. (InDesign/PDF)
3 Subtask E.6: Planning Commission Hearing Special Meeting We attended and presented at an additional Planning Commission hearing to facilitate the review and approval of the Public Draft.
Task E.5 Deliverable:
» Attended and Presented
Sub-task E.7: City Council Ad Hoc Committee Meeting(s) Public Draft The MIG Team prepared materials for one additional Ad Hoc committee meeting. The Ad Hoc Committee requested an additional meeting in advance of the City Council hearing to review the public draft document in detail. MIG review ed preparation materials, as well as recommendations for specific topics. In addition, we provided clarification regarding structuring the objective standards language and common design standard approaches.
Task E.4 Deliverable:
» Additional revision Public Draft. (InDesign/PDF)
4 II. Fee
The following is MIG’s Fee for additional tasks performed:
FEE ESTIMATE FOR ADDITIONAL SERVICES
Task A Project Management and Coordination
Sub-task A.3: On-going Meetings and Project Management $4,640
Task D: Development and preparation of draft objective design standards Sub-task D.5: City Council Ad Hoc Meeting(s) $4,620
Task E: Preparation of final objective design standards Sub-task E.4: Additional DRB Meeting $1,610
Sub-task E.5: Additional Public Draft Revision $19,390
Sub-task E.6: Planning Commission Hearing Special Meeting $2,530 Sub-task E.7: City Council Ad Hoc Meeting(s) Public Draft $1,610
TOTAL $34,400
Staff Report
Date: November 28, 2023
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Carlton Thompson, PE, City Engineer
Bernard Enrile, PE, CIP Manager
Prepared by: Deyuanne Lei, PE, Associate Civil Engineer [email protected]
(925) 671-3049
Subject: Considering approval of a Task Order with Nichols Consulting Engineers (NCE) in the not-to-exceed amount of $216,500 to provide design engineering and related services for the Civic Center Greening Project (Project No. 2518) located at the City’s Civic Center campus, and authorizing the City Manager to execute the agreement in a form acceptable to the City
Attorney.
CEQA: Not a project/exempt per CEQA Guidelines Sections 15060(c), 15061(b)(3), 15378, 15301, 15302, 15303, 15304, and/or Public Resources Code Section 21065.
Report in Brief
The Civic Center Greening Project (Project No. 2518) will consist of stormwater green infrastructure reconstruction throughout the City of Concord (City) Civic Center campus, including four parking lots (Salvio Street, Parkside Drive, and Willow Pass Road) City Buildings (Wings A, C, D, G, and Council Chamber), Corner Parcel (Willow Pass Road/Parkside Drive), and County Library. The project will address current flooding issues, comply with Municipal Regional Stormwater Permit (MRP) 3.0 Provision C.3 requirements, reduce impervious pavements, and renovate outdoor amenity areas.
Project No. 2518 received American Rescue Plan Act (ARPA) funds to fund construction of the project. Funding must be spent or obligated by December 31, 2024.
4.d4.d4.d4.d
City Council Agenda Report
Agenda Item No. 4.d
November 28, 2023
Engineering design services are needed to initiate project design and to develop plans, specifications, and construction cost estimates. City staff (Staff) requested a Task Order proposal from NCE for design engineering and related services. NCE has extensive experience in the design of green stormwater infrastructure projects.
If award is approved by the City Council (Council), project construction in the field is expected to begin in June 2024 and be completed by September 2024.
Recommended Action
Approve a Task Order with NCE in the not-to-exceed amount of $216,500 to provide design engineering and related services for the Civic Center Greening Project (Project No. 2518) located at the City’s Civic Center campus, authorize the City Manager to execute the agreement in a form acceptable to the City Attorney; and make the CEQA determinations as provided in this staff report.
Background
On June 28, 2022, Council adopted the 2-Year CIP Budget for Fiscal Years 2022-23 and 2023-24, with an included appropriation of $200,000 of Storm Water Management Funds (Fund 270) to fund the design of the Civic Center Greening Project (Project No. 2518). On February 21, 2023, the Council added $1.5 million of ARPA funds to the project, to fund completion of the project design and construction. This project. The goal of the project is to address flooding issues on the civic center campus and support the City’s compliance with State clean water requirements. The next phase of the project is to complete project design.
Procurement Process
Staff requested a Task Order proposal from NCE for design engineering and related services for the Civic Center Greening Project. NCE is on the City’s Master Service Agreement (MSA) as a consultant for design engineering and related services.
Staff prepared a preliminary Drainage Composite Plan (DCP) for the Civic Center campus and requested further review by NCE. NCE proposed to prepare an updated and finalized DCP and construction design documents for stormwater drainage improvements and landscape architecture improvements to address current flooding issues, comply with Municipal Regional Stormwater Permit (MRP) 3.0 Provision C.3 requirements, reduce impervious pavements, and renovate outdoor amenity areas.
Staff and NCE negotiated the scope of work, and cost for the services, and agreed upon $216,500 as a fair and reasonable compensation for the services needed to complete the design phase of the Project. As the Task Order is over $85,000, Council approval is required.
City Council Agenda Report
Agenda Item No. 4.d
November 28, 2023
NCE has extensive experience with the City and has performed design engineering and related services, most recently for the Oak Grove Road Pavement Rehabilitation – Phase 3 (Project No. 2557).
If award is approved by the City Council (Council), project construction in the field is expected to begin in June 2024 and be completed by September 2024.
Financial Impact
The current project budget for design and construction is $1,719,900. The Project is funded by the Storm Water Management Fund (Fund 270) and ARPA Funds (Fund 274). There are sufficient funds to award the task order for design engineering and related services and the project’s time schedule will allow the City to comply with the spending requirements of the ARPA funds.
Environmental Determination
Pursuant to CEQA Guidelines Sections 15060(c), 15061(b)(3), 15378, and Public Resources Code Section 21065, award of this contract is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, as it will not result in a direct or reasonably foreseeable indirect physical change in the environment. In the alternative, award of this contract is exempt under CEQA Guidelines Sections 15301 – Existing Facilities, 15302 – Replacement and Reconstruction, 15303 – New Construction or Conversion of Small Structures, and/or 15304 – Minor Alterations to Land. No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 applies. This determination reflects the City’s independent judgement and analysis.
Public Contact
The City Council Agenda was posted.
Attachments
1. Location Map
2. Task Order for NCE with Exhibit A, Fee Proposal
Attachment 1
Project Location Map
Civic Center Greening Project
1950 Parkside Drive, Concord, CA 94519
City Project No. 2518
Project Site
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28 TASK ORDER
TASK ORDER NO: 2
PROJECT NAME: Civic Center Greening, PJ 2518
RELATED TO MASTER AGREEMENT WITH: Nichols Consulting Engineers, MA # 5878 This Task Order is made and entered into this 28th day of November 2023, the City of Concord, hereinafter referred to as CITY, and Nichols Consulting Engineers, hereinafter referred to as CONSULTANT.
Whereas, the parties hereto entered into a Master Agreement dated July 1, 2021 for a not-to-exceed total amount of $250,000 per fiscal year from the effective date of July 1, 2021 through June 30, 2024, to provide professional services as needed for various capital improvement projects; and Whereas, CITY desires CONSULTANT to perform certain tasks as hereinafter described for: Civic Center Greening, PJ 2518.
Now, therefore, in consideration of the mutual promises, covenants, and conditions set forth herein, the parties agree as follows:
SECTION 1 - SCOPE OF SERVICES
CONSULTANT will provide Design Services for Civic Center Greening, PJ 2518 per Exhibit A, a proposal from Nichols Consulting Engineers , dated October 17, 2023, attached hereto and made a part hereof.
SECTION 2 – STAFFING AND ORGANIZATION
CONSULTANT will provide staff technically appropriate for this project.
SECTION 3 - COMPENSATION
CONSULTANT shall be compensated on a time-and-materials basis for construction management, inspection, and materials testing services not to exceed $216,500 as rendered under Section 1 of this Agreement. Compensation shall be in accordance with the terms and conditions indicated therein.
CONSULTANT may submit monthly statements for basic and additional services rendered. It is intended that payments to CONSULTANT will be made by CITY within thirty (30) days of receipt of invoice.
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28 SECTION 4 – TASK ORDER SUMMARY
In Witness whereof, the parties have executed this Task Order No. 2 the day and year written above.
CONSULTANT CITY OF CONCORD
By: ____________________________________ By: ____________________________________ Name: Michael Leacox
Title: Principal
Email: [email protected]
Name: Valerie J. Barone
Title: City Manager
APPROVED AS TO FORM:
____________________________
ATTEST:
_______________________________________
City Attorney City Clerk
FINANCE DIRECTOR'S CERTIFICATION:
Concord, California
Date: _______________________, 2023
I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 2023/24 TO PAY ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT TO THE SUM OF UP TO $216,500.00.
Task Order
No.
Date
Approved
Purchase
Order
No.
$ Amount
Fiscal Year
2023-24
Account Code
1 September
15, 2023
TBD $33,440.00 4079500C999-74500
4072666113-74500
2 November
28, 2023
TBD 216,500.00 2749500C999-74500
2742518113-74500
Grand total, all task orders including this task order
# 2
$249,940.00
Master Agreement dated 7/1/2021, term through
6/30/2024.
$250,000
per fiscal year
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28 ACCOUNT CODE:
2749500C999-74500
2742518113-74500
_________________________________
FINANCE DIRECTOR'S SIGNATURE
Labor Hours
Task Description 1
Project
Manager
Principal
QA/QC
Principal
Landscape
Architect
Associate
Engineer
Senior
Engineer/S
cientist
Project
Engineer
Staff
Engineer
Landscape
Designer
CAD
Designer Clerical
Labor
Expenses
Utility
Locator
(Psomas)
Topographic
Surveying
(MPS)
CCTV
(Subtronic)
Irrigation
Design
(RMA)
Reimbursable
Expenses 2 Total Cost
Rate $215 $270 $245 $215 $185 $165 $145 $145 $135 $90
1. Project Management & Coordination
1.1 Project Management 20 4 8 $ 5,600 $ 100 $ 5,700
1.2 Project Coordination 24 1 16 4 2 $ 8,510 $ 300 $ 8,800 Sub-Total 44 1 0 16 8 0 10 $ 14,110 $ - $ - $ - $ - $ 400 $ 14,500
2. Data Gathering
2.1 Utility Location (GPR) 1 1 1 $ 450 $ 8,525 $ - $ 9,000
2.2 Supplemental Topographic Survey 1 1 1 $ 440 $ 10,450 $ - $ 10,900
2.3 CCTV Storm Drain Facilities 4 2 16 1 $ 3,810 $ 17,347 $ - $ 21,200 Sub-Total 6 2 0 0 0 0 17 0 1 3 $ 4,700 $ 8,525 $ 10,450 $ 17,347 $ - $ - $ 41,100
3. Drainage Composite Plan and Courtyard Concept
Visualizations
3.1 Drainage Composite Plan and Stormwater Control Plan 20 12 8 36 28 16 2 $ 22,320 $ 500 $ 22,800
3.2 Courtyard Conceptual Landscape Plans and Campus
Stormwater Treatment Basin Plan 24 40 $ 11,680 $ 200 $ 11,900 Sub-Total 20 12 24 8 36 0 28 16 2 $ 34,000 $ - $ - $ - $ - $ 700 $ 34,700
4. Preliminary Phased Construction Plan and Estimate 24 8 6 4 16 40 80 32 $ 33,890 $ 100 $ 34,000 Sub-Total 24 8 6 0 4 16 40 80 32 0 $ 33,890 $ - $ - $ - $ - $ 100 $ 34,000
5. Phase 1 Construction Design (PS&E)
5.1 65% PS&E 24 8 16 4 8 60 40 32 $ 32,120 $ 5,500 $ 100 $ 37,700
5.2 90% PS&E 12 4 16 4 32 40 24 $ 21,920 $ 3,300 $ 100 $ 25,300
5.3 100% (Final) PS&E 6 1 16 8 2 40 16 $ 15,210 $ 2,200 $ 100 $ 17,500 Sub-Total 42 13 48 0 12 12 94 120 72 0 $ 69,250 $ - $ - $ - $ 11,000 $ 300 $ 80,500
6. Design Services During Bidding 4 14 6 $ 3,760 $ 100 $ 3,900 Sub-Total 4 0 0 0 0 0 14 6 0 0 $ 3,760 $ - $ - $ - $ - $ 100 $ 3,900
7. Design Services During Construction 16 4 8 40 24 2 $ 15,940 $ 500 $ 16,400 Sub-Total 16 4 8 0 0 0 40 24 0 2 $ 15,940 $ - $ - $ - $ - $ 500 $ 16,400 Total 156 40 86 8 52 28 249 238 121 17 $ 175,650 $ 8,525 $ 10,450 $ 17,347 $ 11,000 $ 2,100 $ 225,100 Notes:
1. See the Scope of Work, dated October 17, 2023, for a list of key project assumptions.
2. Reimbursable expenses include costs for items such as travel to and from the project site or meetings, NCE truck usage, per diem during field work, communication and reproduction.
3. Markup on outside services is 10%.
$216,500 Contract Total
10/25/2023
City of Concord
Civic Center Greening Project - Civil and Landscape Design Services Draft Fee Estimate
October 17, 2023
Exhibit A to Attachment 2
Staff Report
Date: November 28, 2023
To: City Council
From: Valerie J. Barone, City Manager
Prepared by: Joelle Fockler, MMC, City Clerk
[email protected]
(925) 671-3390
Subject: Considering (1) either appointing Councilmember Nakamura or opening a recruitment to appoint a member of the public as a City of Concord representative to the John Muir Community Health Fund for a term ending December 31, 2026, and (2) opening a recruitment to appoint a member of the public as a City of Concord representative to fill the remainder of a term to the John Muir Community Health Fund Board ending
December 31, 2025, due to an unscheduled vacancy created by the resignation of Niko Anagnostopoulos.
Report in Brief
The Concord City Council, sitting as the Concord/Pleasant Hill Health Care District Board, appoints three members to the John Muir Community Health Fund Board (CHF).
The CHF Board is responsible for governing the Community Health Fund, which is a tax-exempt, 501(c)3, nonprofit corporation. The CHF Board functions as a grant making organization. Concord’s current representatives on the CHF Board are Planning Commissioner Raymond Barbour and Concord residents Niko Anagnostopoulos and Carolyn Fong. Ms. Fong’s second term ends on December 31, 2023, and she is not eligible to serve another term, and Mr. Anagnostopoulos resigned his position effective November 14, 2023.
The City Council is being requested to either appoint Councilmember Nakamura or open a recruitment to appoint a member of the public as a City of Concord representative to the John Muir Community Health Fund Board for a term ending December 31, 2026, and to open a recruitment to appoint a member of the public as a City of Concord representative to fill the remainder of Mr. Anagnostopoulos term which ends on December 31, 2025.
5.a5.a5.a
City Council Agenda Report
Agenda Item No. 5.a
November 28, 2023
Recommended Action
Take the following actions:
1. Appoint Councilmember Nakamura to the John Muir Community Health Fund Board for a term ending December 31, 2026; or
2. Announce a recruitment to appoint a member of the public as a City of Concord representative for a term ending December 31, 2026, and set a deadline of Friday, December 29, 2023, at 5:00 p.m. for applications to be due to the City Clerk; and
3. Announce a recruitment to appoint a member of the public as a City of Concord representative to fill the remainder of a term ending December 31, 2025, and set a deadline of Friday, December 29, 2023, at 5:00 p.m. for applications to be due to the City Clerk.
Background
The City Council, sitting as the Concord/Pleasant Hill Health Care District Board, is responsible for making three appointments to the John Muir Community Health Fund Board (CHF).
Board members are responsible for governing the Community Health Fund, which is a tax-exempt, 501(c)3, nonprofit corporation. The primary governing responsibilities include vetting, awarding and monitoring grants, establishing grant making and operating policies, approving annual operating budgets, annually evaluating the Executive Director, and annually electing the officers for the Board of Directors.
The Board members are not compensated for their service on the Board and must operate under the CHF bylaws.
Board member selection criteria for the three members appointed by the City of Concord are as follows:
a. All members shall be at least 18 years of age and reside within the City of Concord or Concord’s Sphere of Influence.
b. Members may be members of the elected Concord City Council, but limited to only two members of the City Council.
c. Members may not be employees of the City of Concord, nor may they be a vendor, contractor or consultant with active contracts or agreements with the City of Concord.
d. Members may be a member of one of Concord’s Boards and Commissions, but may not be currently serving as a member of the Concord/Pleasant Hill Health Care District Grant Committee.
City Council Agenda Report
Agenda Item No. 5.a
November 28, 2023
e. The City Council serving as the Concord/Pleasant Hill Health Care District Board may elect at any public meeting to appoint up to two of its members to serve on the CHF Board prior to opening a recruitment for the remaining members.
Analysis
The CHF Board meetings are held quarterly, begin at noon, and usually last two hours.
A series of grant making and grant monitoring study sessions with nonprofit organizational leaders and consultants are held between Board meetings. Each session generally runs no more than three hours. Additional educational study sessions may be convened during the year to assess and improve the grant programs and grant making strategies, methods, or practices, or to enhance Board members’ understanding of their roles and responsibilities. The 2024 Calendar of Board Meetings and Study Sessions is attached (Attachment 2). Given the high level of engagement that is needed to sit on this Board, the Executive Director of the CHF has requested that whoever is chosen be committed to attending the scheduled board meetings and study sessions. Further the CHF Executive Director presented to the City Council on the qualities of an outstanding Board appointee with the Council during the presentation section of the Agenda on October 24.
Carolyn Fong has served as one of Concord’s representatives on the CHF since 2017, and she is not eligible to serve a third term. Councilmember Nakamura met with John Muir Community Health Fund leadership, understands CHF’s responsibilities, and is interested in serving.
Because the City Council serving as the Concord/Pleasant Hill Health Care District Board may elect at any public meeting to appoint up to two of its members to serve on the CHF Board prior to opening a recruitment for the remaining members, Council is being asked to either appoint Councilmember Nakamura to the Board or open a recruitment for the upcoming vacancy with a term ending December 31, 2026.
Niko Anagnostopoulos resigned his seat on the CHF Board effective November 14, 2023, and the City Council is being requested to announce a recruitment to appoint a member of the public as a City of Concord representative to fill the remainder of his term ending December 31, 2025.
Public Contact
The City Council Agenda was posted.
Attachments
1. John Muir Community Health Fund Description of Board Member Responsibilities
2. John Muir Community Health Fund 2024 Calendar of Board Meetings & Study Sessions
2 Board Member Responsibilities
Board Composition
The Community Health Fund (CHF) has a ten (10) member governing board. The John Muir Association appoints five (5) members, the City of Concord appoints three (3) members and the City of Pleasant Hill appoints two (2) members.
General Governing Responsibilities
Board members are responsible for governing the CHF, which is a tax-exempt, 501(c)(3), nonprofit corporation and supporting organization to JMH. The primary governing responsibilities include vetting, awarding and monitoring grants, establishing grantmaking and operating policies, approving annual operating & grantmaking budgets, annually evaluating the Executive Director, and annually electing the officers for the Board of Directors.
Governing Functions
Participate in strategic planning sessions devoted to evaluating and updating the grant programs and application guidelines, including policies, procedures, funding objectives and strategic directions, and approve revisions as needed
Participate in the grantmaking process, which includes:
Participating in business plan and proposal review meetings Sharing one’s assessment of plans of action with fellow board members in strategic discussions leading to the development of funding recommendations for the Board’s approval
Reviewing all requests for funding
Participate in study sessions with funded organizations to learn about progress achieved, challenges encountered & strategies for addressing them, and outcomes from conducting activities funded
Participate in the process of reviewing and approving the annual operating & grantmaking budgets
Participate, as requested by the Chair in the annual process of evaluating the performance and compensation of the Executive Director
Participate in the annual election of officers for the Board of Directors Expected Commitment of Time
Hybrid board meetings are held quarterly. Periodically, the Chair may call for additional Special Meetings.
A series of grant making and grant monitoring study sessions with nonprofit organizational leaders and consultants are held between Board meetings. Each 2-day series of sessions generally runs no more than 3-hours.
Additional educational study sessions may be convened during the year to assess and improve the grant programs and grantmaking strategies, methods or practices, or to enhance Board members’ understanding of their roles and responsibilities.
Attachment 1
11/28/2023
2024 CALENDAR OF HYBRID BOARD MEETINGS & STUDY SESSIONS NOTE: DATES & TIMES SUBJECT TO CHANGE
JANUARY:
Monday, January 22: 10:00 am – 11:30 am
Fiduciary Training & Annual Meeting
FEBRUARY:
Monday, February 12: 10:00 am – 12:30 pm
Study Session to Review Plans, Interim Progress and Final Reports, Compensation Committee Executive Session
Monday, February 26: 10:00 am – 2:00 pm Annual Board Retreat MARCH:
Monday, March, 25: 10:00 am –12:00 pm
Anti-Racism Training
APRIL:
Monday, April 29, 2023 10:00 – 12:00 pm Community Partner and Board Equity Assessment Meetings ______________________________________________________________________________________________________________________________ May:
Monday, May 20: 10:00 am – 2:00 pm
Presentation from JMH, Chief Strategy Officer
Study Session to Review Plans
JUNE:
Monday, June 24: 10:00 am – 12:30 pm
Board Meeting & 2nd Anti-Racism Training
JULY:
Monday, July 22: 10:00 am – 12:30 pm
Study Session to Review Interim Reports
OCTOBER:
Monday, October 21: 10:00am – 2:00pm
Study Session to Review Plans and Draft 2023 Tax Return DECEMBER:
Monday, December 16: 10:00am – 12:00 pm
Board Meeting
Attachment 2